The social prerequisites for the effectiveness of constitutional and legal norms 

Evgenij V. Godovanik, Doctor of juridical sciences, associate professor, professor of the sub-department of constitutional and administrative law, head of the basic sub-department of lawmaking and legal technique, Sevastopol State University (33 Universitetskaya street, Sevastopol, Russia),  hodovanyk2022@gmail.com

Background. The study is devoted to the definition of social factors that affect the level of effectiveness of constitutional and legal norms and the real possibilities of its proper provision. The problem of ensuring the effectiveness of constitutional and legal norms is of particular importance in the modern conditions of the development of a rule-oflaw state, since it is associated with the creation of a real possibility of legal influence on the most important social relations. An analysis of the scientific literature at the same time shows that the issues of identifying and systematizing the social prerequisites for the effectiveness of constitutional and legal norms remain poorly studied in the scientific literature. The purpose of the study is to form a theoretical and methodological basis for understanding the social prerequisites for the effectiveness of constitutional and legal norms. Materials and methods. The social conditions for the functioning of the mechanism of constitutional and legal norms action from constitutional law-making to the formation of the behavior of subjects of constitutional and legal relations are considered. The methodological basis for solving this research problem was the universal dialectical method of cognition. Also formal- legal, systemic-structural, logical, historical, comparative-legal methods were used. Results. The author’s interpretation of the social mechanism of the regulatory influence of constitutional and legal norms in modern society is proposed. Conclusions. Based on the results obtained, a generalizing conclusion is made that the social and legal mechanisms of the regulatory action of constitutional and legal norms on social relations have a common goal, which is the legitimate behavior of addressees – subjects of constitutional and legal relations, but to achieve this goal, various methods are used and impact measures.

constitutional and legal norm, efficiency, social factors, implementation of constitutional and legal norms

Godovanik E.V. The social prerequisites for the effectiveness of constitutional and legal norms. Izvestiya vysshikh uchebnykh zavedeniy. Povolzhskiy region. Obshchestvennye nauki = University proceedings. Volga region. Social sciences. 2023;(2): 28–39. (In Russ.). doi: 10.21685/2072-3016-2023-2-3